The change in trial date comes as the U.S. Senate plans to consider a measure later this week that would prohibit Department of Justice (DOJ) funds from being spent on medical marijuana enforcement in states where it's legal. Advocates say that federal prosecutions like the Kettle Falls Five, as well as pending asset forfeiture cases in California, would be impacted by the passage of such a measure.

By contrast, implementation of Initiative 502 is in full swing, with the Washington State Liquor Control Board overseeing the licensing of more than 500 adult-use marijuana businesses, including 252 for cultivation. In particular, there are 19 licensed cultivation sites in Spokane, the city in which the Kettle Falls Five will stand trial, and two in Colville, within 10 miles of the site where their legal garden was raided by federal agents.

In addition to the Kettle Falls Five, there are a number of other federal cases being vigorously pursued by U.S. Attorneys in California, Michigan, and Washington, despite written policy and official pronouncements from the Obama Administration that seem to indicate otherwise.